Unpaid overtime happens as a result of employers not recognizing federally established laws and failing to pay their hourly employees for any work performed over the established 40 hour week.
If an employee works above the 40-hour limit, then time above that threshold that has been worked should be paid at a one and a half rate as per their wage. This wage is in accordance to a predetermined wage, either through an offer letter or contract, where the amount is agreed upon or is the result of minimum wage set by the state.
What will happen if I have unpaid overtime?
All situations start with talking to your employer and explaining why you are entitled to overtime. Any documentation you might have regarding the amount of hours worked should be provided to back up your claim.
If you’re unable to convince your employer of your owed unpaid overtime, there are still some options that could be taken. Each state has a separate procedure, but in Texas, there is the Texas Payday Law, which requires all employers to follow regularly scheduled pay dates as well as paying employees in full and on time. This law is enforced by the Texas Workforce Commission, who also adjudicates any wage claims that are brought up within 180 days of when the wages were due.
You also have the option of bypassing this method and going straight to court, but it’s advised that you consult an experienced lawyer, such as The Law Office of Glenn D. Levy, to ensure that you have a viable claim. If you feel that you have been a victim of unpaid overtime a lawyer can help you settle your case. If multiple employees were affected there could also be the potential for a class action lawsuit which enforces your rights as a group.
When does unpaid overtime happen?
A common scenario that happens could involve you being asked to clock out and continue working. Perhaps you’re not being paid for training or are forced to come in early to prepare for work by setting up your workstation.
This could also include working through lunch against your will or not being paid for breaks as well as being asked to work over 40 hours to make up time from some other weeks.
Whatever the case might be, if your employer knows or has reason to believe that an employee is working off the clock then this would fall under the Fair Labor Standards Act as “suffered or permitted” work and would be covered as a result.
This could also include working from home, preparing your workstation, or simply forming part of job-related “volunteer” work. Performing your duty as an employee entitles you to fair pay.
Do I have unpaid overtime?
Do you work 40+ hours in a week without receiving compensation for overtime? Are you regularly working off the clock? Are you not compensated for “unapproved” overtime? Or maybe you’re asked to work an extra hour or so without being clocked in?
These are all valid questions you should be asking, and ones that need to be addressed promptly if they are true with the help of an experienced employment law attorney who deals with unpaid overtime. An attorney will be required to analyze your case to ensure that the facts are straight and that there is a solid stand for a trial. The Law Office of Glenn D. Levy is experienced and understands wage laws in Texas to ensure that your employee rights are well protected.